RECEIVED November 23, 2010 @ 8:30 A.M.
Michele R. Grande, Redding Town Clerk
3 pages
TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
November 16, 2010—8:00 P.M.
TOWN HALL HEARING ROOM
REGULAR MEMBERS : NOT PRESENT:
Michael Thompson, Chairman Robert Morton
Colleen Litof Beth Williams
Henry Polio
Alternates: Bruce Given
Also Present: Robert Flanagan, Zoning Enforcement Officer
The meeting was called to order at 8:11 p.m.
Bruce Given was seated for Robert Morton, who was not present.
REGULAR APPLICATIONS:
0910-1: 23 Giles Hill Road, Candace Benyei, 29 Giles Hill Road, Applicant: appeal of decision made by Zoning Enforcement Officer
On June 10, 2010, Candace Benyei requested that a Cease and Desist order be issued to John and Lauri Richardson, 23 Giles Hill Road, for operating a livestock operation without a special permit as required by Sec 4.2.3(j) of the Redding Zoning Regulations. On July 29, 2010, Robert Flanagan, Redding Zoning Enforcement Officer wrote to Ms. Benyei notifying her that after inspection, his office had found no basis for initiating zoning enforcement action. Ms. Benyei filed an appeal to this decision on August 19, 2010 and was scheduled to come before the Zoning Board of Appeals at their September meeting, which was cancelled due to lack of quorum. Ms. Benyei agreed to postpone her appeal to the November meeting of the ZBA.
Candace Benyei spoke on behalf of herself. Ms. Benyei submitted a memo and photographs of the property at 23 Giles Hill Road. Ms. Benyei contends that the photographs depict a livestock farm at 23 Giles Hill Road. The photographs showed barn structures, a riding ring, pastures, horses in paddocks and in fields and individuals riding horses. Ms. Benyei identified some of the horses as belonging to other residents and a retirement horse from the Fairfield County Hunt Club. Ms. Benyei said that 2 of the horses were being boarded. Various other pictures showed a parking area, horse trailers and goats, a chicken coop/pen with ducks. Ms. Benyei showed one photograph of an individual she identified as the Richardson’s daughter riding a horse with another person standing nearby, saying that it was a riding lesson
in progress, but could not identify the person standing as an actual instructor. Ms. Benyei said that the regulations state that a resident may have a livestock farm as of right, but in the beginning of the regulations in Sec 4.2.3(j) it states that livestock farms are only permitted by special use and that a special permit is required. Ms. Benyei also has a farm at 29 Giles Hill Road, and stated that hers is the only farm being punished for not having a special permit. The Richardsons had appealed the Benyei application for a special permit to construct an indoor riding arena. The court ruled that 4.2.3(j) is the controlling regulation and that you must have a special permit if you have a livestock farm. Ms. Benyei said that none of the other livestock farms has had to get a special permit.
Ms. Benyei said that after the Richardsons bought the property, they did not obtain permits to put a horse barn in an existing cow barn 20 feet from the property line. Ms. Benyei distributed photographs of other livestock farms in Redding. Ms. Benyei said that the definition of “farming” in the current regulations Sec 8.1.6(4) does not include livestock farms but states that farming is the tillage of the soil with incidental animals, and therefore is not included in the uses as of right included in the section stating permitted uses. In the section on permitted uses, under Special Permitted Uses, it mentions livestock farms, conforming only if they have a special permit.
Ms. Benyei suggested that a change be made in the regulations by removing Sec 4.2.3(j) and putting special needs or regulations back into Sec 5.1(4), and also to change the definition of “farming” so that it coincides with current and past practices of the Zoning Board. She also recommended that Redding adopt the Connecticut statute definition of agriculture, Sec 1.1(q) of Connecticut Statutes. Ms. Benyei did not have a problem with the Richardsons operating a farm, but that she was treated differently as a farmer.
Attorney Charles Andres, LeClair Ryan, New Haven, represented Ms. Benyei. Attorney Andres reviewed the following regulations he believed pertinent:
- Sec 3.1- no use of land may be undertaken without being in compliance with the regulations;
- Sec 3.3- if uses are not permitted they are prohibited;
- Sec 3.7- limitation on accessory uses or structures.
Attorney Andres reviewed as of right uses: detached single family dwelling, public and private space reservations and farming, forestry and horticulture. Sec 8.1.6(4) contains the definition of farming which says that farming is the cultivation of crops and does not include animals except when incidental to the raising of crops. Attorney Andres submitted a memo confirming that the ZBA had jurisdiction to hear the appeal.
Robert Flanagan, Redding Zoning Enforcement Officer, described his certifications and qualifications, as well as the level of activity of the office of the Redding Zoning Enforcement Officer. Mr. Flanagan read into the record his letter to Dr. Candace Benyei, dated June 22nd, his letter to Attorney Charles Andres dated July 22nd, a legal opinion from Town Attorney Michael Lavelle and a letter written by himself to the Chairman of the ZBA, dated November 16, 2010. In the latter, Mr. Flanagan concluded that the Richardson property is not a commercial operation based on what he had seen and the information he had. There is no evidence that horses are being trained, raised or boarded. There have been no complaints from any other neighbors.
Deliberative Session
The Board voted unanimously to enter Deliberative Session at 9:31 p.m.
During deliberative session, there was discussion as to commercial farming operation vs. residential or recreational use and the clarification of regulations. Board members determined that no proof had been provided that there is a commercial operation being conducted at 23 Giles Hill Road.
The Board voted unanimously to exit Deliberative Session at 9:45 p.m.
0910-1: 23 Giles Hill Road
On motion of Ms. Litoff and second of Mr. Polio, the Board voted unanimously to deny the appeal based on the grounds that John and Lauri Richardson, property owners at 23 Giles Hill Road, were not found to be in violation of the regulations with regard to permitted uses, and further, that the Zoning Board of Appeals recommend that the wording for Sec 8.1.6(4) be re-examined, reconsidered and re-defined.
The Board voted unanimously to adjourn at 9:45 p.m.
Respectfully submitted,
Val Koniecki, Clerk of the Board
These minutes have not been approved by the ZBA.
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